98 COSMIC BONANZA: MINING IN OUTER SPACE Is an end to scarcity in sight? American companies are preparing to tap a vast source of raw materials ARTICLE BY LIESBETH BENEDER & on celestial bodies. But space mining is also a RICHARD WOUTERS source of conflict, as the global commons of outer space are being enclosed, repeating patterns of appropriation of our own planet’s resources. or the genuine pioneering spirit, America is still the place to be. In 2015, President Obama signed a space mining bill into law. Under the Space Resource Exploration and Utilization Act, FAmerican companies can get permission to mine raw materials on planets, moons, and other celestial bodies. The act guarantees that companies actually own the materials they dig there. The Space Act came into effect after a lobby of enterprises focused their activities on space mining. These companies bear names such as Moon Express, Planetary Resources, and Deep Space Industries. This article is available in its They develop spacecraft and robots for unmanned mining missions original language (Dutch) on the Green European and are backed by investors with deep pockets. Google’s billionaire Journal website. co-founder Larry Page, for example, is one of the financiers of Plane- An earlier version of this article, tary Resources. in Dutch, was published on www.downtoearthmagazine.nl Frontrunner in the race to space is Moon Express. In 2016, the Amer- GRONDSTOFFEN ican administration granted the company permission for the first UIT DE RUIMTE commercial landing on the Moon. This lunar exploration mission is Nu Amerikaanse planned for 2017. In ten years’ time, Moon Express wants to be able bedrijven zich opmaken voor to bring raw materials such as metals back to Earth and sell them. mijnbouw in de ruimte, ontstaan Other space miners look towards asteroids, the numerous lumps made er conflicten over up of rocks and metals orbiting the Sun. Some of these asteroids get de privatisering van dit mondiale close to Earth during their orbit. High concentrations of metals thinly gemeengoed. sown in the Earth’s crust, like platinum, can be found at their surface. VOLUME 14 99 An asteroid with a 100-metre diameter may In 2016, the Space Act was strongly criticised contain billions of Euros worth of precious within the legal subcommittee of the UN metals. The gravitational pull of these planet- Committee for the Peaceful Uses of Outer oids is negligible, offering an advantage over Space. Russia stated that all resources in space the Moon: much less fuel is needed for soft fell under the non-appropriation clause and landings and take-offs. called the American act unacceptable. Belgium adopted the same stance as well. National leg- Following the US, the United Arab Emirates islation was not the solution for the lack of and Luxembourg are working on space min- international rules, the Belgian representative ing legislation. Both countries are looking for said. “Do we really want a situation of ‘first new business models now that fossil fuels come, first served’, whereby some countries and tax evasion are on the way out. In 2016, lay their hands on the resources while others the Luxembourg government announced it are left with the crumbs?” would allocate two hundred million Euros for the development of space mining tech- “The problem is that the Outer Space Treaty nology. Deep Space Industries and Planetary neither forbids nor allows the appropriation Resources decided to set up a branch in the of resources”, says Tanja Masson-Zwaan, grand duchy in order not only to acquire who teaches space law at Leiden University. government funding, but gain legitimacy as “Alongside the ban on the appropriation of well. That is to say, the American Space Act celestial bodies, there is another provision: is controversial. countries have the freedom to use space. I, myself, infer from this that the Space Act is not in contravention of the Outer Space TRAGEDY Treaty. Indeed, with this act, the US lives up The only ‘constitution’ that pertains to space to an essential condition in the treaty: private is the 1967 Outer Space Treaty. This UN activities in space require the approval and treaty states that space and all its celestial the supervision of a state.” bodies are the province of all mankind and bans countries from appropriating them. Proponents of the Space Act often draw an The American Space Act appears to be at analogy with fishing in international waters. odds with this treaty. How can a country Even if no one owns the high seas, each coun- grant ownership of an asteroid’s resources to try is allowed to catch fish. Likewise, every a company, if the country doesn’t own the country should be free to mine raw materials asteroid? in space. But this is a misplaced comparison, GREEN JOURNAL EUROPEAN 100 COSMIC BONANZA: MINING IN OUTER Space according to space expert Erik Laan. “Free FAIR SHARE fishery has led to overfishing and fishing wars. One would wish there were such a treaty for Eventually, countries have been compelled to space. In fact, there is one, but it has remained set up numerous fishing treaties. Don’t forget a dead letter. The 1979 Moon Treaty identi- that fish are a renewable natural resource: fies the Moon and all other celestial bodies if you don’t catch too many fish, stocks will as the common heritage of mankind. It con- remain stable. Raw materials in space on the tains an explicit ban on the appropriation other hand are not renewable: what you take of resources. It requires an ‘international away cannot be replenished. I would prefer to regime’ to be set up for the management of compare space to the deep seabed.” the resources and sharing of the benefits. But the space powers, such as the US and Russia, Since 1994, the mining of minerals in the recoiled from this fair share deal. They didn’t seabed below international waters has been sign the Moon Treaty. Only sixteen countries, supervised by the International Seabed including the Netherlands, Belgium, and Aus- Authority. It gives out licences to companies tria, have ratified it. and has to ensure that all countries bene- fit from the proceeds. Although plans for “With its poor backing, the Moon Treaty can- deep sea mining met with resistance from not be seen as part of international customary environmentalists, the part of the United law. It is only binding for the countries who Nations Convention on the Law of the Sea are party to it”, says Tanja Masson-Zwaan. (UNCLOS), which called the International “The Netherlands is trying to reanimate the Seabed Authority into being, bears witness treaty, but is looking for alternatives at the to progressive thinking. It incorporates the same time. That is why we have founded the principle of the ‘common heritage of man- The Hague Space Resources Governance kind’. This implies that global commons, Working Group, alongside universities, gov- such as the seabed, cannot be anyone’s prop- ernments, space mining companies, and one erty and should be managed by the interna- NGO. Jointly, we are trying to formulate tional community; the proceeds have to be building blocks for international rules on shared by all countries and the commons space mining. Those rules can later be laid must be passed on to future generations in down in a new treaty, but in non-binding good condition. All of this is in a bid to pre- guidelines as well. If enough countries embed vent a ‘tragedy of the commons’, whereby such guidelines in their laws, they can acquire the collective resources are exhausted as a the status of binding international customary result of overexploitation. law. Even the US government may be open to VOLUME 14 101 discussion. It agreed that the UN space com- “That number of ten is a lower limit”, Laan mittee put space mining on the agenda for explains. “More and more, asteroids are 2017 as a separate item.” being discovered. But there is every reason to fear conflict. One EVEN UNDAUNTED lucrative asteroid best CONFLICTS OPTIMISTS EXPECT reached from Earth may Even undaunted opti- give rise to competition. IT WILL TAKE ANOTHER mists expect it will take If two governments give another ten years before TEN YEARS BEFORE SPACE out licences to two com- space mining is a reality. MINING IS A REALITY panies to mine the same There is yet sufficient time asteroid, you have a con- to formulate international rules, both Masson flict in space, which can only be prevented by and Laan assert. But the history of the Interna- international rules.” tional Seabed Authority shows that time is run- ning out, argues Bas Eickhout, a Dutch Green In addition to the property aspect of outer Member of the European Parliament. “It took space mining, other issues need to be clar- twenty-five years before the world community ified, Eickhout says. “How can we prevent agreed on the Seabed Authority. The US still celestial bodies from being infected with does not recognise its powers. We must pre- earthly microbes? Who cleans up the space vent space from becoming a new divisive issue debris if accidents occur? Are mining com- in world politics. That is why I have asked panies allowed to change the orbit of an the European Commission to work towards a asteroid to get it closer to Earth? Let us moratorium on space mining. Such a morato- beware of a cosmic gold rush. After all, the rium is already in place for Antarctica.” most urgent problems on Earth, such as cli- mate change, will not be solved by space Doesn’t the abundance of resources in space mining.” make it pointless to quarrel about them? In 2014, the American astrophysicist Martin Elvis published some eye-opening maths.